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Does ex still have access if there's a Mesher Order?

(11 Posts)
HappyDay5 Thu 07-Jul-16 12:39:09

Also, what happens to the mortgage payments? Everything is in his name but I'm willing to pay it all. Is it possible he'll be expected to continue to contribute to the mortgage payments?

Does anyone have any examples of the likely split at the end or a 'trigger'? House worth £250k (£45k equity), 6 years into the mortgage and children 6 & 8. He earns £45k plus, I earn £14-16k. Thanks

millymollymoomoo Thu 07-Jul-16 18:24:19

Not usually expected to contribute to the mortgage. Usually a % is allocated in the order say 30% if house value to be paid at trigger - often on cohabitation, marriage or youngest turns 18. At that point you would be expected to pay his % back based on the value of house at that time.

In order to stay in the house you'll need to be able to take over the mortgage and your name added.

He would not get access to the house to enter.

Seek legal advise as every case different but he is not a high earner so I think spousal unlikely. If there are no other assets and only 45k equity can you not raise cash to pay a share now so no mesher needed? Otherwise in say 12 years when you need to give his share you may owe a lot more.

moonfacebaby Thu 07-Jul-16 18:31:36

I've got a Mescher order & my ex husband does pay all of the mortgage.

I am not expected to take on the mortgage as I can't - I don't earn enough! We are seeing if we can transfer it into my name but I think the terms of my mortgage (it's over 35 years) means they won't - but the order will still stay in place.

We have the usual rules about cohabitation & I will get 67.5% of the equity when we sell.

He is a very high earner (100k +)....I am not....

millymollymoomoo Thu 07-Jul-16 19:08:14

That's quite uncommon I think especially in ops situation where her ex is not a particularly high earner. However, as stated op you need legal advice but I would personally be realistic to your chances of spousal or contributions to mortgage firm your ex.

HappyDay5 Thu 07-Jul-16 21:08:29

I already have a solicitor and am going through every possible channel before I give in to a Mesher Order. I was financially abused and the mortgage plus the equity loan attached are all in his name, although we bought the house together. The judge can't order the deeds transferred into my name as the mortgage company won't allow it, likewise neither will the equity loan company. I'm not looking for a way to have him pay the mortgage and certainly don't expect or want spousal maintenance from him. I just wondered if he still gets a decent split if he no longer contributes for the next 20 years.

I'm in the process of trying to propose I 'buy' it from his at market value,p and the equity be 'gifted' by way of covering my deposit. I can hopefully raise a mortgage of £140-150k and loan the rest from my father who may decide to live with me. I've been saving like a mad woman in order to pay my ex a lump sum as advised by my solicitor to sweeten the deal. It's a large house but ironically, cheaper to buy than anything else around here - let alone rent! The plus side would be I eventually own the house (albeit when I'm almost 70😧) and can eventually downsize and perhaps use some as my pension.

If anyone thinks he's entitled to the equity, see my other thread about solicitors and insurance fraud! That's not the half of it.

RandomMess Thu 07-Jul-16 21:18:32

It sounds like a very complex situation so a difficult one for people to advise you on here sad

Good luck with getting a decent outcome.

millymollymoomoo Thu 07-Jul-16 22:23:10

Well I'm not a lawyer and only they can advise but for all my friends and family who have or have had a mesher they have been paying the full mortgage and their ex got share of value of equity at sale. e.g my sister had paid mortgage for 13 years and house value went from approx 80k to 200k in that time and her ex was due 30% on the equity in the 200k value. It is seen as fair becuase the ex has capital tied up that they cannot invest elsewhere over that time period.

Are there any other assets? Does he have a pension that you could offset to allow you to keep all the house?

HappyDay5 Fri 08-Jul-16 00:43:02

I think the same happened to my Mum's friend Millymollymoomoo. She was forced to sell in her 50's as she couldn't afford to buy her ex out. That was a long time ago however. I read somewhere to always try to go for a figure rather than a % in the settlement. No other assets though he has a small pension of only £14k. I think he cashed the last one in when he moved jobs and hasn't been paying into this one much. Being a compulsive spender, he'd rather have the cash now.

Hopefully it won't come to it but I just wanted to make sure if it does, he can't just come and go as he pleases. As it is at the moment, we 'live' together but never see each other as he's only home for his contact time with the kids and I stay elsewhere, otherwise he effectively lives at his girlfriend's now. I just wish he'd move out once and for all and stop using this place as a glorified storage box for his boy toys and fishing crap. Not sure at what point he'll hand over the keys but I guess not until something is agreed or ordered. Think I have a long wait on my hands...

PigletWasPoohsFriend Fri 08-Jul-16 00:47:21

I read somewhere to always try to go for a figure rather than a % in the settlement.

Unless you are selling now it is unlikely to be a figure settlement.

Moominmomma73 Mon 12-Dec-16 12:00:59

Hi I my partner ran off with another woman about 6 months ago. We have a joint mortgage and a 3 year old child. Since he left he has been trying get every trick in the book to get me to sign the house over to him, all the time knowing I have no money and no way of getting another house.
The local council won't touch me and I can't afford to privately rent.
I spoke to CAB and they suggested the Mesher order. They said he cannot make me homeless because of our child.
So my question is how do I go about getting a Mesher order? Can you represent yourself ? What forms do I need?
I understand all the pro's and Con's but this is my only option for my sanity and my child's security.
Please any help or advice will be very much appreciated.

millymollymoomoo Mon 12-Dec-16 21:25:40

Would suggest you start your own thread.

Are you married as you refer to partner not husband? If you are not the rules are very different

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